•
 

APPENDIX II
 

TITLE 1, CHAPTER 5
 

IDAHO HAZARDOUS WASTE REGULATIONS
 

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LOG OF UPDATES TO ~L~~UhL

Chapter 5 ,Rules an d ?ec~2.a~:':)r:s 0:: 

t~e De?ar~~en~ of Health anc Welfare 

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(7-30) 
TITLE 1
 

Chapter 5
 

RULES, REGULATIONS AND STANDARDS FOR HAZARDOUS WASTE 

( TABLE OF	 CONTENTS 

01.5000	 LEGAL AUTHORITY
 

01.5001	 TITLE
 

01.5002, INCORPORATION BY REFERENCE OF FEDERAL REGULATIONS
 

01.5002,01. Exceptions
 

01.5002,02. Availability of Referenced Material
 

01.5003, DEFINITIONS
 

01.5003,01. Act
 

01.5003,02. Board
 

01.5003,03. Department
 

01.5003,04. Director
 

01.5003,05. Environmental Protection Agency (E.P.A.)
 

01.5003,06. HWFSA
 

01.5003,07. HWMA
 

01.5003,08. IDAPA
 

01.5003,09. Regional Administrator
 

01.5003,10. TSD
 

01.5003,11. United States
 

01.5004	 HAZARDOUS WASTE MANAGEMENT SYSTEM


I'	 01.5005 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE 

01.5006,	 STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE
 

01.5006,01.	 Pretransport Requirements for Generators
 

of More Than 1,000 Kilograms of Hazardous
 

Waste Per Month
 

01.5006,02.	 Pretransport Requirements for Generators
 

of 100 to 1,000 Kilograms of Hazardous
 

Waste Per Month
 

01.5007	 STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE
 

01.5008	 STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE
 

TREATMENT, STORAGE AND DISPOSAL FACILITIES
 

01.5009	 INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF
 

HAZARDOUS WASTE TREATMENT, STORAGE AND ~ISPOSAL
 

FACILITIES
 

01.5010,	 STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS
 

WASTES AND SPECIFIC TYPES OF HAZARDOUS NASTE FACILITIES
 

01.5011	 LAND DISPOSAL RESTRICTIONS
 

•
 

01.5012 HAZARDOUS WASTE PERMIT PROGRfu\1
 

01.5013	 PROCEDURES FOR DECISION-MAKING (STATE PROCEDURES
 

FOR RCRA OR HWMA ?ER~IT APPLICATIONS
 
HAZARDOUS WASTE IDAPA 16.01.5000 CONTENTS 

01.5014 INTERIM STATUS SURFACE IMPOUNDMENTS 

01.5015 -­ 01.5354 (RESERVED) 

01.5355, HAZARDOUS WASTE FACILITY SITING LICENSE FEE 

01.5355,01. License Fee Criteria 

01.5355,02. License Fee Scale 

01.5355,03. License Fee for Facilities Required to 

Submit Engineering or Hydrogeological 

Information 

01.5355,04. Expansion, Enlargement or Alteration of a 

Commercial Hazardous Waste Disposal, 

Treatment or Storage Facility or any 

On-site Land Disposal Facility for Wastes 

Listed Pursuant to section 201(d) (2) and 

(e), as Modified by Section 209 of the 

Hazardous and Solid Waste Amendments of 

1984 

01.5355,05. Siting License Fee Nonrefundable 

01.5356, VARIANCE APPLICATIONS FOR TSD FACILITIES OR SITES 

01.5356,01. Application Contents and Standard of 

Review 

01.5356,02. Public Hearings 

01.5356,03. Public Information 

01.5356,04. Director's Decision 

01.5356,05. Applicant to Bear Costs 

01.5357 -­ 01.5499 (RESERVED) 

01.5500, ROUTING OF HAZARDOUS WASTE SHIPMENTS 

01.5500,01. Transporting 

01.5500,02. Director's Conditions 

01.5501 -­ 01.5799 (RESERVED) 

01.5800, INSPECTION PLAN -- FREQUENCY LEVELS 

01.5800,01. Commercial TSD Facilities 

01.5800,02. Generator Onsite TSD Facilities 

01.5800,03. Transport Vehicles 

01.5800,04. Transport Facilities 

01.5800,05. Generators 

01.5800,06. Conduct Inspections 

01.5801 -­ 01.5849 (RESERVED) 

C) c)

C)

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c 
HAZARDOUS WASTE IDAPA 16.01.5000 CONTENTS
 

01.5850, ILLEGAL ACTIONS 

•

( 01.5850,01. False Statements or Representations 

01.5850,02. Failure to Comply With These Rules, 

The HWMA, or Other Requirements 

01.5851 01.5899 (RESERVED) 

01.5900 EXPENDITURES FROM HAZARDOUS WASTE EMERGENCY ACCOUNTS 

01.5901 -­ 01.5997 (RESERVED) 

01.5998 INCLUSIVE GENDER AND NUMBER 

01.5999 SEVERABILITY 

,~

•
 
TITLE 1 

Chapter 5 

RULES, REGUIATIONS AND STANDARD:; FOR HAZARDOUS WASTE 

01.5000 LEGAL AUTHORITY. These regulations are adopted pursuant G 

to the authority vested in the Board of Health and Welfare by the Hazardous Waste Management Act of 1983 

(HWMA), Sections 39-4401 et seq., Idaho Code, and the 

authority vested in the Director of the Department of 

Health and Welfare by the State Hazardous Waste Facility 

Siting Act, sections 39-5801 et seq., Idaho Code. 

(9-22-89) 

01.5001	 TITLE. These regulations shall be known as Idaho Department of Health and Welfare Rules and Regulations, Title 

1, Chapter 5, "Rules, Regulations and Standards for Hazardous Waste." (6-10-88) 

01~5002,	 INCORPORATION BY REFERENCE OF FEDERAL REGUIATIONS. Any 

reference in these rules to requirements, procedures, or 

specific forms contained in the Code of Federal Regulations (CFR), Title 40, Parts 124, 260-266, 268 and 270, 

shall constitute the full adoption by reference of that 

part and subpart as it appears in 40 CFR, revised as of 

July 1, 1990, including any notes and appendices 

therein, unless expressly provided otherwise in these 

rules. A numeric list of those subparts can be found in 

Appendix A. (3-6-91) 

01.	 Exceptions. Nothing in 40 CFR Parts 260 - 266, 268, 

270 or Part 124 as pertains to permits for Underground Injection Control (U.I.C.) under the Safe 

Drinking Water Act, the Dredge or Fill Program 

under Section 404 of the Clean Water Act, the 

National Pollution Discharge Elimination System 

(NPDES) under the Clean Water Act or Prevention of 

Significant . Deterioration Program (PSD) under the 

Clean Air Act is adopted or included by reference 

herein. (6-10-88) 

02.	 Availability of Referenced Material. copies of the 

federal regulations adopted by reference throughout 

these rules are available in the following locations: (6-10-88) 

a.	 Superintendent of Documents, U.S. Government 

Printing	 Office, washington, D.C. 20402: and 

(9-22-89) 

b.	 Administrative Procedure section, Idaho 

Department of Health and Welfare Central 

Office, 450 W. State Street, Boise, Idaho 

83720: and (6-10-88) 

c.	 All Regional Offices of the Idaho Department 

of Health and Welfare, as follows: (6-10-88) 
HAZARDOUS WASTE	 IDAPA 16.01.5 002,02.c.i. 

• 

i. Region I, 1120 Ironwood Drive, Coeur 

d'Alene, Idaho 83814. (6-10-88) 

ii.	 Region II, 1118 F Street, P.O. Drawer 

B, Lewiston, Idaho 83501.	 (9-22-89) 

iii.	 Region III, 107 Poplar, Caldwell, Idaho 

83605. (3-6-91) 

iv.	 Region IV, 4355 Emerald, Boise, Idaho 

83706. (9-22-89) 

v.	 Region V, 479 Polk Street, P.O. Box 

1509,	 Twin Falls, Idaho 83301. 

(9-22-89) 

vi.	 Region VI, 150 North 3rd, P.O. Box 

4166, Pocatello, Idaho 83201. (9-22-89) 

vii.	 Region VII, 150 Shoup Avenue, suite 19, 

Idaho Falls, Idaho 83401. (3-6-91) 

d.	 Those libraries listed in section 67-5205, 

Idaho Code. (6-10-88) 

, 

01.5003, DEFINITIONS. For the purpose of these rules and any 

materials incorporated herein by reference, the following definitions apply unless their application would be 

inconsistent with the Idaho Hazardous Waste Management 

Act, or unless these regulations expressly provide for 

different definitions. (6-10-88) 

01.	 Act. The Hazardous Waste Management Act of 1983, 

Section 39-4401 et seq., Idaho Code. (6-10-88) 

02.	 Board. The Idaho Board of Health and Welfare. 

(6-10-88) 

03.	 Department. The Idaho Department of Health and Welfare. (6-10-88) 

04.	 Director. The Director of the Idaho Department of 

Health and Welfare. (6-10-88) C' 

c 

05.	 Environmental Protection Agency (E.P.A.). The Idaho c 

Department of Health and Welfare. (6-10-88) 

06.	 HWFSA. The State Hazardous Waste Facility Siting 

Act,	 Sections 39-5801, et seq., Idaho Code. 

(9-22-89) 

07.	 HWMA. The Hazardous Waste Management Act. (6-10-88)

•	 08. IDAPA. Idaho Administrative Procedures Act, Chapter 
C 

HAZARDOUS WASTE	 IDAPA 16.01.5003,08.
 

52, Title 67, Idaho Code.	 (6-10-88) 

09.	 Regional Administrator. The Director of the Idaho 

Department of Health and Welfare. (6-10-88) 

10. TSD. Treatment, storage or disposal. (6-10-88) 

11. United States. The State of Idaho. (6-10-88) 

01.5004	 HAZARDOUS WASTE MANAGEMENT SYSTEM. 40 CFR Part 260 and 

all subparts are herein incorporated by reference as 

provided in 40 CFR, revised as of July 1, 1990, effective March 6, 1991. (3-6-91) 

01.5005	 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE. 40 CFR 

Part 261 and all subparts including all appendices 

except Appendix IX are herein incorporated by reference 

as provided in 40 CFR' revised as of July 1, 1990, 

effective March 6, 1991. (3-6-91) 

01.5006,	 STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE. 

40 CFR Part 262 and all subparts are herein incorporated 

by reference as provided in 40 CFR, revised as of July 

1, 1990, effective March 6, 1991, except that advance 

notification, annual reports, and exception reports in 

accordance with 40 CFR 262.53, 262.55 and 262.56 shall \~

be filed with the United States Environmental Protection )i 

Agency administrator and a copy of such reports shall be 

filed with the Director of the Department. (3-6-91) 

01.	 Pretransport Requirements for Generators of More 

Than 1,000 Kilograms of Hazardous Waste Per Month. 

Emergency notification to the state by generators 

of more than one thousand (1,000) kilograms of hazardous waste per month. In addition to the emergency notification required by 40 CFR, Part 

265.56(d) (2) (see 40 CFR 262.34(a) (4», the emergency coordinator must also immediately notify the 

State Communications center by telephone, 

1-800-632-8000, to file an identical report. 

(6-10-88) 
HAZARDOUS WASTE IDAPA 16.01.5 007
 

•
 

01. 5008 

01. 5009 

01.5010, 

, 

01.5011 

01.5012 

01.5013 

01.5014 

• 

40 CFR Part 263 and all subparts are herein incorporated 

by reference as provided in 40 CFR, revised as of July 

1, 1990, effective March 6, 1991. (3-6-91) 

STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE 

TREATMENT, STORAGE AND DISPOSAL FACILITIES. 40 CFR Part 

264 and all subparts (exclUding 40 CFR, Parts 264.149 

and 264.150) are herein incorporated by reference as 

provided in 40 CFR, revised as of July 1, 1990, effective March 6, 1991. (3-6-91) 

INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF 

HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES. 40 CFR Part 265, and all subparts (excluding 

Subpart Rand 40 CFR Parts 265.149 and 265.150) are 

herein incorporated by reference as provided in 40 CFR, 

revised as of July 1, 1990, effective March 6, 1991. 

(3-6-91) 

STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS 

WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE FACILITIES. 

40 CFR Part 266 and all subparts are herein incorporated 

by reference as provided in 40 CFR, revised as of July 

1, 1990, effective March 6, 1991, except: (3-6-91) 

01. SUbpart A; and (6-10-88) 

02. SUbpart B. (6-10-88) 

LAND DISPOSAL RESTRICTIONS. 40 CFR Part 268 and all 

subparts are herein incorporated by reference as provided in 40 CFR, revised as of July 1, 1990, effective 

March 6, 1991, except for 40 CFR 268.5, 268.6, 268.42(b) 

and 268.44. The authority for implemehting 'the provisions of these excluded CFR sections remains with the 

'United States Environmental Protection AgepR¥. However,-' 

the requirements of sections 39-4403~>cind 39-4423, 

Idaho Code, shall be applied in all cases where theSe) 

requirements are more stringent than the federal standards. (3-6~91)

HAZARDOUS WASTE PERMIT PROGRAM. 40 CFR Part 270 and all 

subparts are herein incorporated by reference as provided in 40 CFR, revised as of July 1, 1990, effective 

March 6, 1991. (3-6-91) 

PROCEDURES FOR DECISION-MAKING (STATE PROCEDURES FOR 

RCRA OR HWMA PERMIT APPLICATIONS. 40 CFR Part 124, 

subpart A is herein incorporated by reference as provided in 40 CFR, revised as of July 1, 1990, effective 

March 6, 1991. (3-6-91) 

INTERIM STATUS SURFACE IMPOUNDMENTS. In accordance with 

Section 3005(j) of the Resource Conservation and Recov­
HAZARDOUS WASTE IDAPA 16.01.5 014
 

ery Act (RCRA) (42 U.S.C. 6295(j» which is herein 

incorporated by reference, surface impoundments in existence on November 8, 1984, and qualifying for interim 

status shall not receive, store or treat hazardous waste 

after November 8, 1988, unless retrofitted to meet standards applicable to new impoundments or subject to an 

exemption. Copies of the federal statute herein incorporated by reference are available in the locations provided in Section 01. 5002,02. of these rules. Standards 

applicable to new surface impoundments which are referenced in Section 3005(j) of RCRA as requirements of Section 3004(0) (42 U.S.C. 6924(0» appear in federal regulations as 40 CFR Sections 264.221-231 and 265.221-230 

and are incorporated as provided in Sections 01.5008 and 

01.5009 of these rules. (1-1-89) 

01.5015 -- 01.5354 (RESERVED) 

01.5355, HAZARDOUS WASTE FACILITY SITING LICENSE FEE. An applicau 

LLJ 

P 
HAZARDOUS WASTE	 IDAPA 16.01. 5355 

tion for a siting license required by HWFSA shall be 

accompanied by a siting license fee in an amount established by these regulations. The license fee shall not 

exceed seven thousand five hundred dollars ($7,500) and 

shall be submitted with the siting license application. 

(9-22-89) 

01.	 License Fee Criteria. The siting license fee 

required by HWFSA and these regulations shall be 

based on the costs to the Deoartment of reviewing 

the siting license application and the characteristics of the proposed hazardous waste facility, 

including the projected site size, projected waste 

volume, and the hydrogeological characteristics 

surrounding the site. (9-22-89) 

a.	 Projected Waste Volume. The total actual or 

potential hazardous waste volume, in gallons 

or an equivalent measurement, proposed for the 

hazardous waste facility. (9-22-89) 

b.	 Site Size. The sum in acres of all proposed 

"Hazardous Waste Management Units(s)" as 

defined in Section 01.5004 (40 CFR 260.10). 

(9-22-89) 

02.	 License Fee Scale. Except as provided in Section 

01.5355,03., the siting license fee required by 

HWFSA and these regulations shall be determined 

using the table below. 

PROJECTED HAZARDOUS WASTE VOLUME 

(gallons or eauivalent volume) 

Site 

Size 

Up to 

10,000 

1 acre 

or greater $3,000 

Equal to or 

greater than 

1/2 acre, but 

less than 

1 acre 54,000 

Less than 

1/2 acre 155,000 

03. License Fee for Facilities 

10,000 -­ More	 Than! 

20,000 20,000 

I 

$4,000 $7,500

I 

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I 

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$5,000 !

I 57,500 

I 

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56,000 ! 57,500 

'9-22-8~

; 

Reauired to Submit Enai­ ,( 

• 

neerinG or HvdroGeoloGical Information. For any 

proposed commercial hazardous waste disposal, 

treatment or storage facility or anyon-site land 

disposal :acility Eor was~es listed pursuant to 

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HAZARDOUS WASTE	 IDAPA 16.01.5355,03.
 

Section 201(d)(2) and (e), as modified by Section 

209 of the Hazardous and Solid Waste Amendments of ( 1984, which must submit engineering or hydrogeolog-rical	 information to indicate comoliance with tech-~

nical criteria as adopted in the Hazardous Waste 

Management Plan, the siting license fee shall be 

seven thousand five hundred dollars ($7,500). 

(9-22-89) 

04.	 Exoansion, Enlargement or Alteration of a Commercial Hazardous Waste Disoosal, Treatment or Storaae 

Facility or any On-site Land Disoosal Facility for 

Wastes Listed Pursuant to Section 201(d)(2) and 

(e), as Modified by Section 209 of the Hazardous 

and Solid Waste Amendments of 1984. The significant 

expansion, enlargement or alteration of a hazardous 

waste treatment, storage or disposal facility in 

existence on July 1, 1985, constitutes a new proposal for which a siting license is required and 

for which a siting license fee must be paid. 

(9-22-89) 

05.	 Sitina License Fee Nonrefundable. The siting 

license fee required by these reaulations shall be 

nonrefundable and may not be applied toward any 

subsequent application should the siting license 

application be cancelled or withdrawn. (9-22-89)~

01.5356, VARIANCE APPLICATIONS FOR TSD FACILITIES OR SITES l) 

en 

CD 

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c 
HAZARDOUS WASTE	 IDAPA 16.01.5356,01. 

01.	 Application Contents and Standard of Review. Applications for variances shall be submitted in triplicate and shall contain such detailed plans, specifications, and information regarding objectives, 

procedures, controls, and other pertinent data as 

the Director may require. A variance shall not 

exceed one (1) year in duration. The Director may 

grant a variance only if the applicant demonstrates 

to the Director's satisfaction that construction 

and operation of the TSD facility or site in the 

manner allowed by the variance and any term or condition imposed as part of the variance: (6-10-88) 

a.	 Is required to avert unnecessary and significant hardship; (6-10-88) 

b.	 Is not inconsistent with EPA requirements; and 

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HAZARDOUS WASTE	 IDAPA 16.01.5356,Ol.b. 

(6-10-88) ( 

c.	 Will not create a nuisance or a hazard to the 

public health, safety or the environment. 

(6-10-88) 

02.	 Public Hearinos. The Director may hold a public 

hearing on an initial application for a variance 

and shall hold a pUblic hearing on any application 

to renew or extend a variance. The public hearing 

shall be held at a location in the county where the 

operations that are the subject of the application 

for the variance are conducted unless the Director 

determines that a different location would be more 

appropriate and convenient for interested members 

of the public. The Director shall give at least 

twenty (20) days' notice of the hearing to the 

applicant by certified mail and shall cause at 

least one (1) publication of notice in a newspaper 

with general circulation in either the county where 

the operation is conducted or the county where the 

hearing is' to be held. The Director shall cause to 

be made a complete record of the testimony and the 

evidence submitted at the hearing. (6-10-88) 

03.	 Public Information. All information submitted as ( part of a variance application shall be treated as 

public information and shall not be subject to anyr-\ 

claim of confidentiality. The Director shall make\)Ii 

the application available for public inspection at l 

the Department's central office and at the appropriate local field office of the Department's Division of Environment. The Director shall make available for public inspection at the Department's central office and at all local field offices of the 

Department's Division of Environment a current lis~

of pending applications for variances and a current 

schedule of pending variance hearings. (6-10-88) 

04.	 Director's Decision. No variance shall be issued or 

denied until the Director has considered the rela- coJ)

tive interests of the applicant, other persons and -­

property affected by the variance and the public. 

Any variance granted pursuant to this section shall 

be for a period specified by the Director. No variance shall be issued or denied without a written 

order stating the findings upon which the decision 

is based. (6-10-88) 

05.	 Aoolicant to Bear Costs. The cost of public notice, 

recora~ng and transcribing of testimony and hearing 

facilities. shall be borne by the applicant, regardless of whether or not a variance is issued. 

(6-10-88) 

o
 

2 
HAZARDOUS WASTE	 IDAPA 16.01.5357
 

• 

01.5357 -- 01.5499 (RESERVED)
 

01.5500, ROUTING OF HAZARDOUS WASTE SHIPMENTS
 

01.	 Transporting. Any person transporting a quantity of 

hazardous waste which requires a manifest shall, to 

the extent possible: (6-10-88) 

a.	 Use state, United States and interstate highways: and (6-10-88) 

b.	 Avoid municipalities and population centers, 

even when doing so may add miles to the distance traveled. (6-10-88) 

02.	 Director's Conditions. The Director may, upon a 

finding that a shipment or shipments of hazardous 

waste constitutes a greater than normal risk to the 

public health, safety or environment, prescribe by 

order partiCUlar conditions for that shipment or 

shipments including but not limited to special 

placarding, pilot vehicles, routing restrictions, 

parking restrictions and timing restrictions. 

(6-10-88) 

,
 

01.5501 -- 01.5799 (RESERVED)
 

01.5800,	 INSPECTION PLAN -- FREQUENCY LEVELS. The Department may, 

as time and resources permit, conduct regular inspections of persons or entities subject to these rules, 

their records, and property at approximately the following frequency levels based upon potential risk to the 

public health or environment. (3-6-91) 

01.	 Commercial TSD Facilities. Commercial TSD facilities or sites or offsite generator TSD facilities 

or sites, up to every day. (3-6-91) 

02.	 Generator Onsite TSD Facilities. Generator onsite 

TSD facilities or sites--two (2) to twenty (20) 

times per year. (3-6-91) 

03.	 Transport Vehicles. Transport vehicles as necessary. (3-6-91) 

04. Transport 

sites--two 

Facilities. Transport 

(2) to twelve (12) 

facilities or 

times per year. 

(3-6-91) 

05. Generators. Generators--two 

times per year. 

(2) to twelve (12) 

(3-6-91) 

• 

06. Conduct Inspections. Nothing in the preceding 

schedUle of frequency levels may be construed as 
C 

HAZARDOUS WASTE	 IDAPA 16.01.5 800,06.
 

limiting the Department's authority to conduct 

inspections when there is reasonable cause to sus- " 

pect a violation of the Act or these rules. The 

Director may by policy quidance memorandum modify 

the inspection frequency levels as necessary for 

the effective or efficient enforcement of the Act 

and these rules. (3-6-91) 

01.5801 -- 01.5849 (RESERVED) 

01.5850, ILLEGAL ACTIONS 

01.	 False Statements or Representations. Any person who 

makes a false statement or representation in any 

application, label, manifest, record, report, permit or other document filed, maintained or used for 

the purpose of complying with these rules or the 

Act thereby commits a violation. Each false statement or representation constitutes a separate and 

distinct violation for which civil penalties may be 

imposed. Any person who knowingly makes a false 

statement or representation of the type described 

above is, in addition to civil penalties, SUbject 

to criminal prosecution for the commission of a 

misdemeanor for each statement or representation. 

(6-10-88) 

02.	 Failure to 'Comply With These Rules, The HWMA, or 

Other Requirements. Any person who violates these 

rules, the Act, or any permit, standard, condition, 

requirement, compliance agreement or order issued 

pursuant to these rules or the Act thereby commits 

a violation. civil penalties may be imposed for 

each separate violation and for each day of a continuing viOlation. Any person who knowingly commits 

a violation of the type described above is, in 

addition to civil penalties, subject to criminal 

prosecution for the commission of a misdemeanor for 

each separate violation and for each day of a continuing violation. (6-10-88) 

01.5851 01.5899 (RESERVED) 

01.5900 EXPENDITURES FROM HAZARDOUS WASTE EMERGENCY ACCOUNTS. 

o
 
HAZARDOUS WASTE	 IDAPA 16.01.5900
 

• 

The Director may declare a hazardous waste emergency if 

the public health, safety or the environment are threatened by a release or threat of release of a hazardous 

waste or a substance which has become a hazardous waste. 

Following a hazardous waste emergency declaration, the 

Department may spend or obligate to be spent up to two 

"hundred thousand dollars ($200,000) from the Hazardous 

Waste Emergency Account and from the Hazardous Waste 

Training, Emergency, and Monitoring Account by appropriation, to obtain equipment and materials, conduct investigations, test samples, and employ personnel as necessary or eliminate or mitigate the immediate threat and 

stabilize the situation. The Director may authorize the 

expenditure or obligation of more than two hundred thousand dollars ($200,000) from these accounts in any given 

situation upon a finding by the Board that a greater 

expenditure or obligation is prudent and necessary to 

protect the public health, safety or enviror~ent.

(6-10-88) 

01.5901 -- 01.5997 (RESERVED) 

01.5998	 INCLUSIVE GENDER ~~D NUMBER. For the pur?oses of these 

rules, words used in the masculine gender include the 

feminine, or vice versa, where appropriate. (6-l0-88) 

01.5999	 SEVERAB!LITY. The orov~s~ons of these rules are severable and if a orovision or its aoolication is declared 

invalid for anv reason, that declaration will not affect 

the validity of the remaining provisions. (6-10-88) 

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HAZARDOUS	 WASTE IDAPA 16.5000 APPENDIX A 

APPENDIX A 

This appendix is a numerical listing of the subparts with associated subpart headings for all materials incorporated by reference 

in these rules, regulations and standards. 

01.5004	 HAZARDOUS WASTE MANAGEMENT SYSTEM. 

01.	 General. Subpart A: 

02.	 Definitions. Subpart B: 

03.	 Rulemaking Petitions. Subpart c. 

01.5005	 IDENTIFICATION AND LISTING OF HAZARDOUS WASTE. 

01.	 General. Subpart A: 

02.	 criteria for Identifying the Characteristics of Hazardous 

Waste and for Listing Hazardous Waste. Subpart B; 

03.	 Characteristics of Hazardous Waste. Subpart C: 

04.	 Lists of Hazardous Wastes. Subpart D. 

01. 5006	 STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE. 

01.	 General. Subpart A: 

02.	 Manifest. Subpart B; 

03.	 pretransport Requirements. Subpart C: 

04.	 Recordkeepinq and Reporting. Subpart D; 

05.	 Special Conditions. Subpart E: 

06.	 Imports of Hazardous Waste. Subpart F: 

07.	 Farmers. Subpart G. 

01. 5007 STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE. 

01.	 General. Subpart A: 

02.	 Compliance with the Manifest System and Recordkeeping. 

Subpart B: 

03.	 Hazardous Waste Discharges. Subpart C. 

01.5008	 STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE 

TREATMENT, STORAGE AND DISPOSAL FACILITIES. 

01.	 General. Subpart A: 

02.	 General Facility Standards. Subpart B: 

03.	 Preparedness Prevention. Subpart C: 

04.	 Contingency Plan and Emergency Procedures. SUbpart D: 

05.	 Manifest system, Recordkeeping and Reporting. Subpart E: 

06.	 Release from Solid Waste Management Units. Subpart F: 

07.	 Closure and Post-closure. Subpart G: 

08.	 Financial Requirements. Subpart H: 

09.	 Use and Management of containers. Subpart I; 

10.	 Tanks. Subpart J; 

11.	 Surface Impoundments. Subpart K; 

12.	 Waste Piles. Subpart L: 

13.	 Land Treatment. SUbpart M; 

14.	 Landfills. Subpart N: 

15.	 Incinerators. SUbpart o. 

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HAZARDOUS WASTE	 IDAPA 16.5000 APPENDIX A
 

• 01.5009 INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF 

HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES. 

01.	 General. Subpart A; 

02.	 General Facility Standards. Subpart B; 

03.	 Preparedness and Prevention. Subpart C; 

04.	 Contingency Plan and Emergency Procedures. Subpart D; 

05.	 Manifest System, Recordkeeping and Reporting. Subpart E; 

06.	 Ground Water Monitoring. Subpart F; 

07.	 Closure and Post-closure. Subpart G; 

08.	 Financial Requirements. Subpart H; 

09.	 Use and Management of containers. Subpart I; 

10.	 Tanks. Subpart J; 

11.	 Surface Impoundments. Subpart K; 

12.	 Waste Piles. Subpart L; 

13. Land	 Treatment. Subpart M; 

14.	 Landfills. Subpart N; 

15.	 Incinerators. Subpart o. 

16.	 Thermal Treatment. Subpart P; 

17.	 Chemical, Physical and Biological Treatment. SUbpart Q. 

01.5010	 STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS 

WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE FACILITIES. 

01.	 SUbpart A. (RESERVED) 

02.	 SUbpart B. (RESERVED) 

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03. Recyclable Materials Used in a Manner Constituting 

Disposal. Subpart C; 

04.	 Hazardous Waste Burned for Energy Recovery. Subpart D; 

05. Used	 Oil Burned for Energy Recovery. SUbpart E; 

06.	 Recyclable Materials Utilized for Precious Metal 

Recovery. Subpart F; 

07.	 Spent Lead Acid Batteries Being Reclaimed. Subpart G. 

01.5011 LAND DISPOSAL RESTRICTIONS.
 

01­ General. Subpart A;
 

02.	 Schedule for Land Disposal Prohibition and 

Establishment of Treatment Standards. SUbpart B; 

03.	 Prohibitions on Land Disposal. Subpart C; 

04.	 Treatment Standards. SUbpart D; 

05.	 Prohibitions on Storage. Subpart E. 

01.5012 HAZARDOUS WASTE PERMIT PROGRAM.
 

01­ General Information. Subpart A;
 

02.	 Permit Application. Subpart B; 

03.	 Permit Conditions. Subpart C; 

04.	 Changes to Permits. Subpart D; 

05.	 Expiration and Continuation of Permits. SUbpart E; a 06.	 special Forms of Permits. Subpart F; en 

07.	 Interim Status. SUbpart G. en 

01.5013	 PROCEDURES FOR DECISION-MAKING (STATE PROCEDURES FOR 

RCRA OR HWMA PERMIT APPLICATIONS) . 

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01. General Program Requirements. Subpart A; 

02.	 Specific Procedures Applicable to RCRA or HWMA Permits . 

Subpart B, (RESERVED).